Privacy Statement

Updated: May 2020

Introduction

Sell more homes together, build customer trust together

Your privacy is important to us. This privacy statement describes how MoxiWorks ("MoxiWorks," "our," "we," or "us") collects, uses, stores, processes, and shares the personal information of your brokerage's agents and staff during their use of MoxiWorks products and services.

Depending on your brokerage’s service agreement with MoxiWorks, product and service features available to you will vary. In the event of a conflict of information between this privacy policy and your service agreement, your service agreement’s terms will control. Product-specific and partner-specific privacy details are available in subsequent sections of this privacy statement. Please read and familiarize yourself with the details for the products, services, and integrated partner connections that your brokerage utilizes.

A Common Goal

MoxiWorks understands that your brokerage's trusted relationships with its employees, agents, and customers builds the foundation for sustained business success. We collect personal information only when doing so helps us achieve our joint mission of selling more homes together.

MoxiWorks serves as your data processor and technology enabler

Your brokerage owns and manages the personal information submitted to MoxiWorks for users you've provisioned to use our products – typically, your affiliated agents and office staff – as well as any contacts submitted by your agents whose personal information is or may be part of a real estate transaction. MoxiWorks processes your brokerage’s personal information under your explicit instruction. In this capacity, when you use our technology we serve as your brokerage’s service provider or data processor.

Brokerage and agent client contact data

Your brokerage owns and manages the personal information submitted to MoxiWorks for users you've provisioned to use our products – typically, your affiliated agents and office staff – as well as any contacts submitted by your agents whose personal information is or may be part of a real estate transaction. MoxiWorks processes your brokerage’s personal information under your explicit instruction. In this capacity, when you use our technology we serve as your brokerage’s service provider or data processor.

Information collected by MoxiWorks

Personal information

Also known as personal data or personally identifiable information (PII), personal information is any data that would allow MoxiWorks to contact, locate, or identify an individual (such as name, email address, postal address, or phone number).

The type of personal information you provide us varies depending on how your brokerage uses MoxiWorks products and services.

Personal information collected about your brokerage staff and agents

Brokerage personnel and agent contact informationWhen your brokerage activates MoxiWorks technology, you provide us the personal information of those staff members and agents who are authorized to use our products on behalf of your brokerage.

Account credentials and login detailsYour brokerage’s authorized users create and login to our products and services using a MoxiWorks Account, which consists of a username and password. Account credentials should be kept secret and not shared with individuals other than the account holder.

Payment informationWhen an agent or other authorized member of your brokerage uses the MoxiWorks platform to facilitate purchases (such as for Facebook Ads), we will ask for information required for processing your payment – such as card number, expiration date, CVV code, and the billing address of the card holder. MoxiWorks does not store these details but passes them through encrypted channel to our trusted partners and payment processors (Braintree and Shopify). You can learn more about each processor’s privacy policies by visiting their sites’ privacy page from the links below.

Personal information collected about your brokerage’s clients

Client contact informationThe contact details from your brokerage’s clients may be made available for use in your MoxiWorks products and services in one of three ways: lead form submission name, email, and/or phone number from a MoxiWorks website; through authorized agents’ preferred online contact store, such as Gmail or O365; through contact submissions by authorized vendors via the MoxiCloud API.

Account credentials and login details for clientsClients also may use your brokerage’s MoxiWorks website by signing into the website using a MoxiWorks account. Credentials created by your clients are personal information that MoxiWorks manages on your behalf.

Public information and commercial transaction data from real estate activity

MLS MoxiWorks uses a combination of publicly available MLS data and MLS data access that requires active MLS membership. Publicly available information primarily applies to properties, not individuals. However, when combined with personal information related to the owner of a given property, the MLS data may become personally identifiable. MLS data requiring active membership is restricted in our products to authenticated members only MLS data is ingested into the MoxiCloud and integrated with various tools that you use on the platform. MoxiWorks complies with local MLS rules and configure our products and services to adhere to those rules. For example, in MLS locales that don’t allow public display of the final sold price of a listing, MoxiWorks will not provide those details to clients.

Real estate transactionsReal estate transactions are recorded through the MLS and other sources, such as county and state tax and property data. This data describes a completed transaction between buyers and sellers of real estate. Certain details of these records, such as status change, sold date, and price, may be made available to your brokerage through MoxiWorks products and services.

Automatically collected information when you use our products and services

PC and Device Information Like most other web-based applications and websites you visit, MoxiWorks collects system data from the computers or network-enabled devices you use to access our products and services. Examples of system data we capture include, but are not limited to IP address, browser type and language, device type, referring/exit pages and URLs, other browser history, platform type, cookie information, etc.

Cookies & Web Beacons A cookie is a small text file that is stored on a computer or smartphone for record-keeping purposes. Our third-party analytics providers use cookies to record information about your activities while using the Service and to "remember" you when you return to the Service. Some cookies remain on your computer or device until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser or device setting to attempt to reject cookies and you may still use the Service, however, certain features of the Service may not be available if your browser or device does not accept cookies. See subsection (f) below for more information on how the Service may respond to your browser or device settings. We do not control the use of cookies by third parties. See also subsection (e) below.

Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) are tiny graphics with a unique identifier that are used to track the online movements of web or mobile app users. Unlike cookies, which are stored on a computer’s hard drive or your smartphone, web beacons are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on, for example, web pages or in HTML-based emails. Our third-party analytics providers may place web beacons on the Site that track what other websites you visit (both before and after visiting the Site). Our third-party analytics providers use information obtained from web beacons to help us improve our business and the Service. We do not control the use of web beacons by third parties.

Third-party analyticsWe use analytics tools and other third-party technologies, such as Google Analytics and DoubleClick Cookies, to collect information about Service usage and users of the Service. These tools and technologies may use cookies and pixels to collect usage information from users that visit the Service, including information about the pages where users enter and exit the Service, what pages users view on the Service, time spent on each page, browser version, operating system, internet protocol address, and geolocation information. These technologies allow the third-party analytics companies to recognize a user when a user visits the Service and when the user visits other websites. The third -party analytics companies share the information they collect from the Service and from other websites with us and other website operators, including but not limited to age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items. Many of these companies collect and use information under their own privacy policies. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. For more information regarding Google’s collection methods and use of information, see the Google Privacy Policy by visiting the following link: https://policies.google.com/privacy?hl=en. If you would like to opt out of Google Analytics tracking, please visit the following link: https://tools.google.com/dlpage/gaoptout.

How MoxiWorks uses your information

To provide products and services that work in harmonyMoxiWorks products and services combine various sources of data (personal information, public information, data feeds from partners, and more) into the overall user experience. Doing so enables workflows that present the right combination of data to the right user for the right scenario.

To improve our products and services MoxiWorks uses the data it collects to improve our current offerings and build new offerings. By monitoring how brokerages and agents use our products and features, we can more efficiently fix usability issues and bugs. Combining this information with various feedback cycles, we can build features that flex with industry changes and overall customer demand.

To personalize your user experiences and the experiences of your clientsMoxiWorks uses the data it collects, both personal and non-personal information, to personalize your experience while using our products and services. This extends to client data that is uploaded into the MoxiCloud by your agents, which means your agents can create more impactful content and work with their clients in a much more personal and engaging way.

To operate and manage your experience while using our products and servicesMoxiWorks uses the data it collects to monitor system availability, measure performance, ensure service levels are met, and provide you with customer support.

To communicate with youWe use collected personal information to contact you. You may opt-out of any promotional communication sent from MoxiWorks at any time. However, you may not opt-out of service-oriented communication (such as an email response to a support inquiry that you sent us or a service availability notification).

To promote security and compliance for our products and services, your brokerage, and the publicWe use the information we’ve collected to verify accounts and activity across our products and services, detect and prevent spam and malicious content, and investigate suspicious events on our network and platform. We also use it to enforce contractual terms and conditions, assist law enforcement with legal inquiries, and comply with regulatory requirements. Additional information about how we use the information we collect is provided further in this privacy statement in section "Other important privacy information".

How and when MoxiWorks shares your information

Affiliated Entities and Service ProvidersWe may disclose your information, including personal information, to any affiliated entity or organization and/or service provider that provides support for MoxiWorks Products or Services (such as analytics service providers) to help us operate the Service, improve our business or the Service, and to provide services to us. Use of information by affiliated entities and service providers will be subject to this Policy or an agreement at least as restrictive as this Policy. We will not share your personal information for marketing purposes with third parties for purposes unrelated to the Service without your explicit consent.

Business PartnersWhen MoxiWorks works with other businesses to offer products and services (such as a gift giving business or lead generation business), we may share information, including personal information, with those business partners only as needed to provide those products and services and subject to this Policy or an agreement at least as restrictive as this Policy.

Legal RequirementsIn some cases, we may disclose your information, including personal information: (i) as required by any applicable law, rule, or regulation; (ii) if we believe disclosure is needed to protect our rights, property, or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Service; and (iv) to respond to a physical threat to you or another person.

Insolvency and Business TransitionsIf we should ever file for bankruptcy or engage in a business transition such as an acquisition by or merger with another company, or if we sell or reorganize all or part of our business or assets, we may disclose your information, including, but not limited to, personally identifiable information, to prospective or actual purchasers or transaction participants in connection with these transactions.

DisclaimerWe cannot ensure that your personal information will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your personally identifiable information. No transmission of data over the internet can be 100% secure.

Product specific privacy information

MoxiWorks collects product usage data on all our products and services. We use this information to understand common user behavior and patterns, allowing us to continually improve workflows and our available feature set.

MoxiEngage – MoxiEngage is your brokerage’s Customer Relationship Management (CRM) system. It captures the contact information of clients and prospects to facilitate promotional communication and streamline common CRM tasks. MoxiEngage supports your brokerage’s marketing activity with data points that help you better understand your client relationships.Email delivery and open analytics data, a client’s unsubscribe status for future campaigns, as well as public records data is presented via MoxiEngage.

MoxiPresent – MoxiPresent is your brokerage’s customizable presentation builder. It personalizes presentations using client contact data, agent data, and team data, and integrates it with listing data from MLSs. Email delivery and open analytics are also integrated and provided for presentations created through MoxiPresent.

MoxiImpress – MoxiImpress is a suite of marketing tools that your brokerage uses to promote listings and impress clients. Agents using MoxiImpress create ads and post them on Facebook and other social networks and can track impressions and click-throughs of prospective clients. Automated marketing solutions delivered for your brokerage’s listings create branded content across print, digital, and social channels when the listing’s status changes.

MoxiWebsites – MoxiWebsites allows your brokerage to customize page content and optimize how clients and prospects learn about your agents, listings, and other relevant details important to them. Prospective clients who submit personal information through your website are added to MoxiEngage so they can be managed effectively through all phases of the client lifecycle. Your brokerage’s privacy policy should be added to the footer of your website, as your privacy policy and statement are not inherited from MoxiWorks.

Partner specific privacy information

MoxiWorks products and services are provided through technology built by MoxiWorks, but also enhanced through different business partnerships with companies who help us achieve our mission. Partner services are integrated into and perform various functions for our platform - which in turn provides a more robust, one-stop-shop for your brokerage.

Partner integrations on the MoxiWorks platform span various services and offerings and may be fully integrated and cobranded with our products or are simply linked to from within our products to a given partner’s service or website. Although our privacy statement does not extend to the privacy practices of our certified partners or affiliated service providers, you can find the privacy statement for each by finding a specific partner (https://moxiworks.com/how-it-works/integrated-tools-services) and selecting the "privacy" links from their sites.

MoxiWorks products and services are provided through technology built by MoxiWorks, but also enhanced through different business partnerships with companies who help us achieve our mission. Partner services are integrated into and perform various functions for our platform - which in turn provides a more robust, one-stop-shop for your brokerage.

Integrated partner services are primarily user-initiated actions that your brokerage authorizes. This means that we only send the partner company the data required to fulfill the business objective for the activity you need done, acting only on directions you provide us.

Other important privacy information

Accessing or updating your personal information

Most agents and staff can access, change, or update your personal information by logging into your account. Some agent and staff information are provided from your brokerage’s other roster management services and are transferred to MoxiWorks through secure feeds. You can also email privacy@moxiworks.com if you have any questions or concerns regarding information that MoxiWorks has collected about you.

If your account is terminated for any reason, your information will no longer be accessible through your account or associated with your account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.

Securing your personal information

We exercise reasonable care in facilitating the transmission of information between your device or computer and the third-party servers that operate and store information for the Service. The personally identifiable information we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

Children’s privacy

(a)The Service is not for or Directed Towards Children. The Service is not intended for anyone under the age of 18. We do not intend to and will not knowingly collect any personally identifiable information from children under the age of 13. Children under the age of 13 are prohibited from using the Service. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. If you believe information from a child under the age of 13 has been provided to the Service, please notify us at privacy@moxiworks.com.

(b)California Minors. While the Service is not intended for anyone under the age of 18, if you are a California resident under age 18 and you believe your information has become publicly available through the Service and you are unable to remove it, you may request removal by contacting us at privacy@moxiworks.com. When requesting removal, you must be specific about the information you want removed and provide us with enough information to find the data in our systems.

California Consumer Privacy Act (CCPA)

If you are a California resident, we process your personal information in accordance with the California Consumer Privacy Act (CCPA).

Sale of personal information. MoxiWorks does not sell your personal information. Because of this we do not offer an option to opt-out of the sale of personal information.

Your rights. Under the CCPA, you have the right to request that (i) we disclose what personal information about you has been collected, used, disclosed, and sold and (ii) we delete your personal information. You or an authorized agent acting on your behalf may submit a request for either a disclosure (i) or a deletion (ii). Authorized agents or delegates should provide the MoxiWorks support team with the name of the requestor who they are acting on behalf of, their brokerage name, and their MLS ID in order to authenticate the requestors information.

Exercising your rights. You can exercise your rights and submit CCPA disclosure or deletion requests by (i) submitting a web form at https://moxiprivacy.zendesk.com/hc/en-us/ requests/new or by (ii) contacting support through our dedicated toll-free line at (888) 447-0733. Exercising these CCPA rights will not result in discriminatory treatment from MoxiWorks, such as degrading your service quality or charging a higher fee for our products and services.

Processing your personal information under CCPA. The following section describes the personal information MoxiWorks collects, the collection source, the purpose or business rationale for processing it, and the categories of third-party recipients with whom the personal information is shared. For a description of the data included in each category, please see the What data we collect (categories) section of this privacy statement.

Identifiers

Brokerage personnel and agent contact data collected through use of our products and services, including those provided by integrated MoxiWorks co-branded partners or affiliated business service providers.

Information regarding your interaction with MoxiWorks products and services (e.g. how you use MoxiWorks technology)

Processing purposes

Performing services on behalf of your business; Detecting security incidents; Debugging to identify errors that impact functionality; Undertaking internal research for development of new products, services, functions

Recipients for this category of personal information

Not shared with any 3rd party recipient

PC and device information collected automatically when you use our products and services, such as IP addresses and unique device identifiers

Processing purposes

Performing services on behalf of your business; Detecting security incidents; Debugging to identify errors that impact functionality; Undertaking internal research for development of new products, services, functions

Affiliated partners and service providers, business partners, user-directed entities

Non-U.S. and Non-Canadian residents – consent to submit information

The Service is not intended for use outside the United States or Canada, or by non-U.S. or non-Canadian residents. If you provide personally identifiable information to us, it may be transferred to and processed on computers in the United States and other countries, including countries outside the European Economic Area. Do not provide personally identifiable information to us if you do not want or consent to this information being transferred to the United States or to other countries, which may not have privacy (data protection) legislation or regulation comparable to the law of the country in which you reside. Your provision of personally identifiable information to us will be handled in accordance with this Policy. Your provision of personally identifiable information to us through the Service means that you agree to the terms of this Policy.

Additional rights for EEA and certain other territories

If you are from certain territories (such as the European Economic Area (EEA)), you may have additional rights available to you under applicable laws, including:

the right to withdraw consent to data processing at any time;

the right of access to your personally identifiable information;

the right to request a copy of your personally identifiable information;

the right to correct any inaccuracies in your personally identifiable information;

the right to erase your personally identifiable information;

the right to data portability, meaning to request a transfer of your personally identifiable information from us to any other person or entity as chosen by you;

the right to request restriction of the processing of your personally identifiable information; and

the right to object to processing of your personally identifiable information.

You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the EEA’s General Data Protection Regulation. If you would like to exercise such rights, please contact us at privacy@moxiworks.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request. You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority or consult the information available at https://edpb.europa.eu/about-edpb/board/members_en.